Printed Copy of the Act to be provided and kept on board. Penalty 201. Officers of the Navy, Consuls, &c. may inquire into the Execution of the Act. Master refusing to produce the Act and Li cence. Penalty 2001. Proviso for King's Ships, &c. How far Act to extend to Foreign Ships of States in Amity. Conveyance of to Newfound- Recovery and Application of of Penalties. XX. And be it further enacted, That a printed Copy of this Act shall be provided and kept on board during the whole of the Voyage, by the Master or other Person having or taking the Charge or Command of every such British Ship or Vessel, under the Penalty of Twenty Pounds; and such Master or other Person having or taking the Charge or Command of every such Ship or Vessel is hereby required to produce such printed Copy to any Passenger for his Inspection at reasonable Hours. XXI. And be it further enacted, That all Captains and Officers commanding His Majesty's Ships of War or Revenue Vessels, who shall meet any such British Ships or Vessels at Sea, and the Collectors and Comptrollers of His Majesty's Customs at any Port in the United Kingdom, or in the British Plantations and Settlements, and the Governors and Lieutenant. Governors and Naval Officers at any such Plantation and Settlement, and His Majesty's Consuls at any Foreign Port, shall and may and they are hereby empowered and required to call upon the Master or other Person having or taking the Charge or Command of any such Ship or Vessel, to produce the printed Copy of this Act, required to be kept on board, and the Licence granted by the Commissioners of His Majesty's Customs, for the Purpose of Inspection and Examination, and to ascertain whether the Regulations of this Act have been duly complied with; and in case the Master or other Person having or taking the Charge or Command of any such Ship or Vessel shall refuse or fail to produce the said Copy and Licence, he shall forfeit the Sum of Two hundred Pounds. XXII. Provided always, and be it enacted, That nothing in this Act contained shall extend or be deemed or construed to extend to Ships or Vessels in the Service of His Majesty, or of His Majesty's Postmaster General, or of the East India Company. XXIII. And be it further enacted, That during the Continuance of any Convention of Commerce and Navigation between His Majesty and any Foreign State, whereby the Privileges of British Ships or Vessels shall be conceded to the Ships or Vessels of such Foreign State, so much of this Act as relates to British Ships or Vessels shall extend and be construed to extend to Ships or Vessels belonging to such States, during the Existence of such Convention, and carrying more Passengers than other Foreign Ships or Vessels are by this Act permitted to carry. XXIV. Provided always, and be it further enacted, That nothing in this Act contained shall extend or be construed to extend to the Conveyance of any Persons on board of any such Ship or Vessel, whether Fishermen, Youngsters or others, being hired Servants, employed on the Establishment of their respective Masters or Hirers, in the Prosecution of the Fisheries carried on from Newfoundland or Labrador. XXV. And be it further enacted, That all Sums of Money, Penalties and Forfeitures in this Act mentioned and contained, shall be calculated and paid and payable within Great Britain and Ireland, in lawful Money of Great Britain; and that any Penalty or Forfeiture inflicted by this Act may be prosecuted, sued for and recovered by Action of Debt, Bill, Plaint or Information, in any of His Majesty's Courts of Record at Westminster or Dublin, or or in the Court of Exchequer or in the Court of Session in Scotland, in the Name of His Majesty's Attorney General for England or Ireland, or His Majesty's Advocate for Scotland respectively, or in the Name of any Person or Persons whatsoever, wherein no Essoign, Protection, Privilege, Wager of Law or more than One Imparlance shall be allowed; and that a Capias in the first Pro- Capias. cess, specifying the Sum of the Penalty sued for by any such Action, Bill, Plaint or Information, against any Person or Persons, shall and may issue against such Person or Persons, and such Person or Persons shall be obliged to give sufficient Bail or Security, by natural born Subjects or Denizens, to the Person or Persons to whom such Capias shall be directed, to appear in the Court out of which such Capias shall issue, at the Day of the Return of such Writ, to answer such Writ and Prosecution, and shall likewise at the Time of such appearing give sufficient Bail or Security by Security. such Persons as aforesaid, in the said Court, to answer and pay all the Forfeitures and Penalties incurred by such Person or Persons for such Offence or Offences, in case he or they shall be convicted thereof, or to yield his or their Body or Bodies to Prison, in like Manner as is prescribed respecting Capias issuing in the first Process by an Act passed in the Parliament of Great Britain, in the Eighth Year of the Reign of His late Majesty King George & G.1. c. 18. the First, intituled An Act to prevent the clandestine Running of Goods, and the Danger of Infection thereby, and to prevent Ships breaking their Quarantine, and to subject Copper Ore of the British Plantations to such Regulations as other enumerated Commodities of the like Production are subject; and by an Act passed in the Ninth 9 G. 2. c.35. Year of the Reign of His late Majesty King George the Second, intituled An Act for indemnifying Persons who have been guilty of Offences against the Laws made for securing the Revenues of Cus toms and Excise, and for enforcing those Laws for the future; and Double Costs. every Action or Suit the Person against whom Judgment shall in be given for any Penalty or Forfeiture under this Act shall pay Double Costs of Suit; and every such Action or Suit shall and Limitation of may be brought at any Time within Three Years after the Offence Action. committed, and not afterwards; and One Moiety of every Penalty to be recovered by virtue of this Act shall go and be applied to His Majesty, His Heirs and Successors, and the other Moiety to the Use of such Person or Persons as shall first sue for the same, after deducting Charges of Prosecution from the whole. XXVI. And be it further enacted, That if any Action or Suit Limitation of shall be brought or commenced against any Person or Persons for Actions. any Thing done in pursuance of this Act, the Defendant or De fendants in such Action or Suit may plead the General Issue, and General Issue. give this Act and the Special Matter in Evidence at any Trial to be had thereupon, and that the same was done in pursuance and by the Authority of this Act; and if it shall appear to be so done, then and in every such Case the Jury shall find for the Defendant or Defendants; and upon such Verdict, or if the Plaintiff or Plaintiffs shall become nonsuited, or discontinue his, her or their Action, or if a Verdict shall pass against the Plaintiff or Plaintiffs, or upon Demurrer Judgment shall be given against such Plaintiff or Plaintiffs, the Defendant or Defendants shall and may recover Double Costs, and have the like Remedy for the same as any De- Double Costs. fendant 3 E 4 Commissioners to be appointed to enquire into the Forms of Process in the Court of Session, and the House of Lords. fendant or Defendants hath or have for Costs of Suit in any other Cases by Law. CAP. LXXXV. An Act for empowering Commissioners to be appointed by [18th July 1823.] Information should be obtained concerning the Forms of Process WHEREAS it is expedient that due and proper ' in the Courts of Law in Scotland, and the Course of Appeals from the Court of Session to the House of Lords, to the Intent that salutary Regulations should be made and established in respect thereof, and that for such Purpose Commissioners should be appointed, with Powers to enquire into such Forms of Process and such Course of Appeals:' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That it shall be lawful, and full Power is hereby given to such Persons as shall be for that Purpose named and appointed by His Majesty, by Letters Patent or any Instrument in Writing under His Royal Sign Manual, or any Three of them, to meet at and upon such Place and Day as in such Letters Patent or Instrument shall be for that Purpose named, or at and upon such Time and Course of Ap- Day as they, or any Three of them giving Notice to the others of peal to the them, shall appoint, and so thereafter as they or those present from time to time at Meetings shall appoint, and to make all such Enquiries as they shall be directed by His Majesty, in Instructions annexed to the said Letters Patent, or Instrument under the Royal Sign Manual, into the Forms of Process in the Court of Session and the Course of Appeals from thence to the House of Lords, and to report whether the present Forms of Process in that Court might be improved, by simplifying and shortening the Forms of Pleading and Proceeding, by rendering the Allegations in the Summons and Defence more precise and complete, by separating Matters of Fact from Matters of Law, by confining the Proofs to the Facts alleged in the Summons and Defence, and to such Facts only; by conducting more of the Pleadings viva voce, and extending the Application of the Trial by Jury; and also to enquire and report whether it may be expedient to render the Judgment of the Court of Session in any Cases final; and whether any intermediate Appeal may be usefully established in Scotland, otherwise than by the present Mode of reclaiming Petition to the same Division of the Court wherein the Judgment has been had, and how the Court of Session may be modified for that Purpose, as well as touching the present practice of the Court of Session in granting interim Execution of Judgment in Cases in which Appeals have taken place; and whether it would be expedient to abridge the Time now allowed by the Standing Orders of the House of Lords for bringing Appeals before it; and how far the 17 printed printed Papers of the Parties in the Court of Session may be usefully substituted for the printed Appeal Cases now in use to be lodged in the Parliament Office; and whether Jurisdiction in Matters of Prize should exist in any other Court than the High Court of Admiralty in England; and also respecting such other Matters connected with the Enquiry hereinbefore directed as they may be instructed by His Majesty, by any Writing under His Royal Sign Manual, from time to time to enquire into and report upon, or as may appear to the said Persons to be necessary or useful for the Objects and Purposes thereof; and to set down in Writing such Alterations or Amendments as shall appear to them to be most reasonable and best calculated for the due Administration of Justice in the said Courts, and generally what shall appear to them material to be reported touching all and every of the Matters aforesaid, with their Opinion upon all and each of the Matters aforesaid, together with the Evidence or Information which they may in the course of their Enquiry receive; and the said Persons shall and they are hereby required to report the whole of their Proceedings to His Majesty, on or before the Twenty fifth Day of March, in the Year One thousand eight hundred and twenty four, and which Report, when made, it is hereby provided shall be laid before both Houses of Parliament by One of His Majesty's Principal Secretaries of State. II. And be it further enacted, That it shall be lawful for the said Commissioners Persons so to be named and appointed by His Majesty's Commis- may examine sioners for executing this Act, or any Three of them, and they upon Oath. are hereby empowered and authorized to send for such Persons, Papers and Records as they may think fit, and to examine upon Oath, if the same shall appear to them to be necessary, (which Oath they or any Three of them are hereby authorized to administer,) such Persons as they may think fit to examine, touching any of the Matters aforesaid directed by this Act to be enquired into. III. And be it further enacted, That if any Person summoned Persons refus by the said Persons so to be named and appointed by His Majesty ing to attend may be comCommissioners for executing this Act, or any Three of them, by a mitted. Notice signed by them or any Three of them, shall neglect or refuse to appear pursuant to and in obedience to such Summons, or shall refuse to be sworn, or shall refuse to answer to and before the said Commissioners or any Three of them, any Question on Oath or otherwise touching or concerning any of the Matters into which the said Commissioners or any Three of them are hereby directed to enquire, then and in any such Case it shall be lawful for the said Commissioners or any Three of them, and they are hereby authorized and empowered to make and issue their Warrant or Warrants, signed by them or any Three of them, for taking or apprehending any such Person or Persons, and committing him or them to such Prison as the said Commissioners or any Three of them shall think fit, until he or they shall submit to be examined touching and concerning the said Matters in respect whereof the said Commissioners or any Three of them are hereby directed to enquire. САР. 54G.3. c.68. $7. repealed. Where Validity tioned to Jus. forbear to give CA P. LXXXVI. An Act to amend the Laws for collecting Church Rates, and . [18th July 1823.] W the Reign of His late Majesty King George the Third, HEREAS by an Act passed in the Fifty fourth Year of 'intituled An Act for the better Regulation of Ecclesiastical Courts in Ireland, and for the more easy Recovery of Church Rates and • Tithes, it is amongst other Things enacted, that if any one duly rated to a Church Rate or Parish Cess, the Validity whereof has not been questioned in any Ecclesiastical Court, shall refuse or neglect to pay the same Sum at which he is so rated, it shall be lawful for any one Justice of the Peace of the County, County of a City or Town Corporate, where the Church is situated in respect whereof such Rate or Parish Cess shall have been made, upon Complaint of any Churchwarden or Churchwardens who ought to receive and collect the same, to examine into the 'Merits of such Complaint, and to make order for Payment of what is due and payable in respect of such Rate or Čess, and to levy the same in such Manner as in the said recited Act is mentioned and directed; and it is by the said Act provided, that if the Validity of such Rate or Cess, or the Liability of the Person from whom it is demanded to pay the same, be disputed, and the Party disputing give Notice thereof to the Justices, the Justices shall forbear giving Judgment thereupon: And Whereas the said Proviso has been found in a great Measure to defeat the Intent and Purpose of the said recited Act, so far as relates to such Church Rates or Cesses;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the said hereinbefore recited Proviso in the said recited Act shall be and the same is hereby repealed. II. And be it further enacted, That if the Validity of any such Church Rate or Cess as aforesaid be disputed in any Ecclesiastical Court, before any such Complaint as aforesaid, for the Recovery of such Rate or Cess, shall have been made to any Justice or Justices, and such Justice or Justices shall have received Notice in Writing of the Proceedings in such Ecclesiastical Court, together with a true Copy of such Proceedings, or of any Sentence in such Ecclesiastical Court, before such Justice or Justices shall have made and published any Order for Payment of what shall appear to be due and payable in respect of such Rate or Cess, and which Order it shall not be lawful for any such Justice or Justices to make and publish until after the End and Expiration of Eight Days next after Notice of such Complaint given to the Person or Persons complained against, unless with the Consent of such Person or Persons, or if at any Time before such Order shall be made, it shall be insisted on and signified in Writing, 14. signed |